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Personal Injury
Dog Bite
Animal Control

Maa-Hawa Tucker v. Bretta A. Kendall and Does 1 through 50, inclusive

Published: Oct. 12, 2013 | Result Date: Jul. 30, 2013 | Filing Date: Jan. 1, 1900 |

Case number: RG11558212 Settlement –  $60,000

Court

Alameda Superior


Attorneys

Plaintiff

Matthew D. Haley
(Haley Law Offices)


Defendant

Robert M. Maltz


Facts

On Jan. 28, 2009, Maa-Hawa Tucker was visiting her boyfriend at his mother, Bretta Kendall's, house. While she was in the kitchen, one of the mother's dogs bit her. Tucker then sued Kendall.

Contentions

PLAINTIFF'S CONTENTIONS:
Tucker argued that Kendall was liable for the dog bite. She claimed that she had been sitting in the kitchen when the defendant's dog suddenly jumped at her, knocking her down and bit her in the face. She further claimed that Tucker had more dogs than she was allowed to have on her property.

DEFENDANT'S CONTENTIONS:
Kendall claimed that Tucker had been drunk, and had simply fallen due to being intoxicated. Kendall contended that the dog had no prior history of violence, and that Tucker's injuries were inconsistent with a dog bite.

Injuries

Tucker suffered an ankle fracture as well as various lacerations over her body. She later required surgery on her ankle.

Result

The parties settled for $60,000.

Other Information

INSURER: Farmers Insurance Group insured Kendall.


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